Medical Device

Kenyon & Kenyon LLP is counsel to some of the largest medical device manufacturers in the world.  We are regularly called upon to safeguard core products worth billions of dollars, as well as cutting-edge technologies that are the future of the medical device industry. We have represented medical device manufacturers in over one hundred litigation matters and have obtained patent protection for hundreds of complex medical device innovations.

We represent over 70 medical device companies, research institutes and individual physicians in medical and surgical fields including orthopedics, cardiac, ophthalmologic, dental, pulmonary, and neurologics, among others. Our experience includes coronary stents, catheters and blood pressure sensors, computer interfaces for biological data management, protein structure prediction, bio-molecular micro-arrays, differential gene expression analysis, medical imaging, and iris, facial and voice recognition applications. We also have experience with neuromodulation, including electrical leads, patient programmers, clinician programmers, neural sensors, computer modeling of the brain, and waveform delivery.

Our recent clients include:

  • Boston Scientific
  • Power Medical Interventions 
  • Covidien
  • Schering-Plough
  • Medinol
  • Smiths Medical ASD
  • Micro Interventional
  •  Vital Signs Devices
  • Optonol, a subsidiary of Alcon
 

Patent Litigation

We have represented medical device manufacturers in major actions before the most important IP litigation forums, from the federal and state courts to the United States International Trade Commission.  Select representations include: 

  • Best Vascular.  We represented Best Vascular in litigation against Calmedica involving catheters. Calmedica dropped the case after a favorable claim construction ruling that established that Best Vascular’s catheters did not infringe Calmedica’s patent. 

  • Boston Scientific and Medinol.  We represented Boston Scientific and Medinol in litigation against Cordis involving drug-eluting stents.  Cordis’s asserted patents were found to be invalid after trial.

  • Life Technologies (formerly Applera).  We represented Applera in a litigation brought by Thermo-Finnigan involving Applera’s ground-breaking DNA sequencing machines.  During the litigation, Kenyon put the patents into reexamination, and a favorable settlement followed.

  • Nycomed (later Amersham).  We represented Nycomed in litigations against, among others, Molecular Biosystems and DuPont related to albumin-coated microbubbles used as contrast agents for ultrasound procedures.  The cases ultimately settled favorably. 

  • Boston Scientific and Medinol.  We represented Boston Scientific and Medinol against Medtronic in litigation involving coronary stents.  We successfully obtained summary judgment of non-infringement of all asserted Medtronic patents. 
Prosecution and Transactional Work

We have a very strong patent prosecution and transactional practice in the medical device industry.  We draft durable patents capable of withstanding challenges brought by competitors, and render product clearance opinions and opinions regarding the likelihood of infringement. We conduct periodic portfolio audits to identify patents which may be under-protected, as well as those which no longer merit the resources to maintain them. We also provide due diligence reviews of third-party portfolios. 

Of particular value to medical device manufacturers is our proficiency in identifying licensing and technology transfer opportunities and negotiating related agreements to form strategic alliances with partners and peers. We also conduct comprehensive trademark searches and filing campaigns to secure protection for new product lines. 

We are Active in the Medical Device Industry

Our lawyers have published articles relating to the medical device field in prominent industry journals such as Medical Device & Diagnostic Industry.  We are active members of the Biotechnology Industry Organization (BIO), BIO IT Coalition, New York Bio, the Northern Virginia Technology Council Information Technology and Telecommunications Committee and BioMedTech Committee.